Legal Question in Employment Law in Pennsylvania

Asked to leave my job

I turned in my letter of resignation and was then given a counter-offer from my company, which I accepted. The next day I was told by the head of HR that they were going to accept my letter of resignation, after I had already told the company who I was leaving them for, that I had decided to stay because they made me a great offer to stay. Do I have any legal action that I can take if nothing but my letter of resignation was in writing? I had only a verbal agreement from my manager and my Director.


Asked on 11/13/06, 11:25 pm

2 Answers from Attorneys

Matthew Kelly Kelly Law

Re: Asked to leave my job

Unfortuanetly, no. PA is at at will employment state which means in the absence of cognizable discrimation or an employment contract your employer is free to terminate you at any time for any reason or no reason at all. This is also what gives you the right to resign whenever you feel like it. Good luck.

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Answered on 11/14/06, 9:49 am
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Asked to leave my job

You asked if had a claim where your employer made a counter-offer when you tendered your resignation.

While my colleague is correct in that Pennsylvania is an at-will state I believe you have an excellent claim.

There are two theories that may allow you recovery, detrimental reliance and intentional interference in a business relationship.

Normally contracts for employment greater than one year must be in writing. Here the agreement for employment was continued employment and the employer knew or should have known that you would lose an offer that gave rise to your termination.

If you proceed your recovery would probably be about 1 year's salary, less any mitigation. Mitigation means that you are required to minimize the damages such as seeing if the other offer is still open AND diligently pursuing other employment opportunities.

Contact me if you would like to pursue this matter. Remember that your time to pursue a claim is limited and you should speak with an attorney immediately.

Regards,

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Answered on 11/14/06, 10:43 am


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